Yes, You Can Sue For A Work Site Accident
If you got hurt on the job, your employer might want you to think that you can't sue. The truth is almost always that you can.
Workers' Compensation Doesn't Cover Everything
Workers' compensation is designed to replace some types of lawsuits, but it doesn't cover everything. Workers' compensation generally only covers routine injuries.
If you were seriously hurt, missed a lot of time from work, or weren't able to go back to the same job, you may be entitled to damages above what workers' compensation offers. You may have various reasons to sue your employer, including bad safety protocols, a lack of equipment, or improper hiring or training. In some cases, you may be entitled to punitive damages above your actual losses.
While your damages will be reduced by what you received from workers' compensation, they can still be substantially more than what you got from workers' compensation. In addition, in a complex workers' compensation case, you might also want to have your work site accident attorney check that you received all the benefits you were entitled to.
Your Mistakes Don't Prevent a Lawsuit
Many employees wrongly believe that if they made any mistakes or didn't follow procedures perfectly, it means they can't sue. That's not true.
The law usually assumes that employees won't be perfect. Even if you did something that contributed to your injuries, your employer might be responsible for not taking enough steps to keep those mistakes from leading to injuries. Your employer may also be responsible for not training you properly.
It takes a lot for your actions to keep you from suing for your injuries. This usually means that you would have to do something that has nothing to do with your job, like racing a forklift, and not just make a mistake operating a forklift.
Your Employer Is Responsible for Other Employees
When your injuries were caused by another worker, you might hesitate to sue because you don't want to sue another worker. The truth is that your employer is generally responsible for the actions of other employees. You usually can't sue another employee since your employer is responsible for those claims.
Your employer's responsibility falls under things like proper training, hiring, and supervision. Even if another employee breaks policies, the employer is usually responsible simply because the accident happened at a work site.
Additionally, the law may even protect your employer from firing the other worker unless they did something especially serious, so don't feel bad about seeking the compensation you're entitled to.
Contact a work site accident attorney to learn more.